Health concerns for holders of a firearms licence

Dr Andrew Stacey discusses the implications of amendments to the Arms Act for health practitioners in relation to health concerns for patients who have a firearms licence.

Amendments to the Arms Act

Under amendments to the Arms Act 1983, health practitioners must now consider notifying Police of health concerns related to their patient’s firearms access and will receive a notification from Police when their patient has been issued with a firearms licence.

Police notifications to health practitioners

From 24 December 2020 all firearms licence applicants (whether they have held a licence previously or not) have been required to supply the name and contact details of their health practitioner to Police. When Police issue a firearms licence, they are required to notify the nominated health practitioner as soon as reasonably practicable that a firearms licence has been issued to their patient. Police will also notify the expiry date of that licence and of any subsequent changes to the licence. This is to make health care practitioners aware that their patient may have access to firearms.

This information should be stored in the patient record so it is readily visible whenever the notes are accessed. Information that an individual has a firearms licence is considered sensitive. Therefore, the information must be kept securely, just as all the rest of a person’s health records are secured.

When health practitioners need to consider notifying Police

Section 92 requires the health practitioner to consider notifying Police as soon as practicable if:

• The health practitioner has attended or been consulted in respect of a person who the practitioner knows or has reason to believe is a firearms licence holder; and

• The heath practitioner considers that the health condition of the licence holder is such that, in the interests of the safety of individuals or the public, the licence holder—

(a) should not be permitted to use or possess a firearm; or

(b) should only be permitted to use or possess a firearm subject to any limitations that may be warranted by the health condition of the licence holder.

“Knows or has reason to believe is a firearms licence holder”

How will a health practitioner know if a patient is a firearms licence holder? Health practitioners will only receive licence holder information for new or renewed licences issued from 24 December 2020, and only for patients who have nominated them as their health practitioner (for example, some patients consult with more than one health practitioner). Health practitioners should therefore not assume that their patient is not a firearms licence holder, purely on the basis they have not received a notification from Police.

The term “reason to believe” is not defined in the Arms Act 1983. However, it can be interpreted to mean that the health practitioner must form their belief based on facts – the belief need not be proven correct at a later time.

Examples of other facts which could lead to a practitioner having reason to believe a patient is a firearms licence holder include:

• notification by the patient themselves that the patient holds a firearms licence

• the firearms licence status is recorded in the patient’s medical records

• the patient owns, or suggests they have access to firearms, and the practitioner does not have any reason to believe this ownership or access is unlawful, in which case they must be a licence holder.

Certain leisure activities (e.g. membership of a pistol club) or occupations (e.g. wild animal or animal pest controller) would be strongly suggestive of firearm access and/or ownership.

Health conditions

Health conditions that might lead a practitioner to consider notification are any that, for the interests of the safety of individuals or the public, mean that the licence holder should not be permitted to use or possess a firearm.

There is no exhaustive list of health conditions that may be relevant to safe possession and use of firearms. What is important is whether the health condition is developing or manifesting itself (or likely to) in such a way that, in the interests of individual or public safety, the person should not continue to possess firearms (or, should only do so on certain conditions). The decision to notify Police can sometimes be a difficult one. Practitioners are encouraged to consult with other health practitioners involved in the patient’s care, and they should seek medicolegal advice from their indemnifier, such as the Medical Protection Society (MPS). Any decisions, and the reasons for them, should be carefully documented in the clinical record in case the practitioner(s) are subsequently called upon to justify their action.

Information that should be provided

Where a health practitioner decides to notify Police, the following information should be provided:

• their opinion – that in the interests of individual or public safety the person should not be permitted to use or possess firearms (or only if subject to certain limitations)

• the grounds on which that opinion is based, and whether the practitioner believes that the licence holder poses an immediate or imminent danger of self-harm or harm to others.

The grounds on which that opinion is based may include the nature of the person’s health condition and how that is impacting on, or is likely to impact on, the licence holder and their ability to safely use and possess firearms. If limitations are recommended, explain how those limitations are warranted with reference to the health condition. The only information that should be provided is information relevant to the health practitioner’s opinion.

Protection when acting in good faith

Under section 92(5) of the Act, health practitioners are not liable to criminal, civil or disciplinary proceedings by disclosing personal information in the course of performing any of the notifications under the new Act, as long as they act in good faith.

Other situations where a health practitioner may consider it necessary to provide information to Police

The Health Information Privacy Code guides health practitioners on their privacy obligations and should be consulted when considering making reports to Police in other situations (for example, if the safety concern isn’t related to a health condition, or the safety concerns are about a patient who isn’t a licence holder). Decisions to notify are often complex, and guidance should always be sought from your indemnifier, such as MPS, in these circumstances.